THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ELLIS, BARRAR, COHEN, D. COSTA, DONATUCCI, J. EVANS, FABRIZIO, GABLER, GEIST, GODSHALL, HUTCHINSON, KAUFFMAN, M. K. KELLER, LONGIETTI, MAHER, MALONEY, MUSTIO, NEUMAN, SANTONI, SCAVELLO, SWANGER, TAYLOR, THOMAS, WHEATLEY AND WHITE, JUNE 6, 2011

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JUNE 6, 2011  

AN ACT

Amending the act of December 21, 1989 (P.L.672, No.87), entitled

"An act providing for the regulation of health club

contracts; and providing for further duties of the Bureau of

Consumer Protection, the Attorney General and district

attorneys," further providing for employee available to

administer CPR.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 14 of the act of December 21, 1989

(P.L.672, No.87), known as the Health Club Act, is amended to

read:

Section 14.  Employee available to administer CPR.

(a)  General rule.--Every health club shall employ and have

on the health club's premises during the club's hours of

operation a person who is trained and certified to administer

CPR.

(b)  Nature of employment.--An employee who is trained and

certified to administer CPR may be hired primarily to fulfill

other functions for the employing health club.

(c)  Number of employees certified.--If a health club is open

for more than eight hours a day and more than five days a week,

it shall employ more than one person who is trained and

certified to administer CPR.

(c.1)  Limited waiver.--

(1)  Notwithstanding any other provision of this section,

a health club that offers health club services during

nonstaffed hours may submit a written request to the director

for a waiver from compliance with the provisions of this

section during nonstaffed hours.

(2)  The director shall approve a request for a waiver

submitted under this subsection if the director determines

that:

(i)  The portion of the premises in which members are

permitted access during nonstaffed hours consists of not

more than 6,000 square feet that meets requirements of

the municipality in which the health club is located for

being readily accessible to emergency services responders

from the outside of the health club.

(ii)  The area specified under subparagraph (i) is

equipped with an automated external defibrillator and

appropriate signage, a panic button, a 911 telephone and

no less than four personal security devices.

(iii)  During orientation of each new buyer, the

health club provides instructions regarding the use of

the health club during nonstaffed hours, including the

location and use of the equipment required under

subparagraph (ii).

(d)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"911 telephone."  A telephone that does any of the following:

(1)  Allows the person using the telephone to contact a

public safety answering point by dialing or pressing 911.

(2)  Automatically calls a public safety answering point

when a person picks up the handset and activates the

telephone.

"Appropriate signage."  All of the following:

(1)  A sign posted in plain view by each automated

external defibrillator, panic button, 911 telephone and

personal security device with instructions for their use.

(2)  A sign posted in plain view indicating that working

out alone during nonstaffed hours may pose health and safety

risks.

"Automated external defibrillator."  A portable device that

uses electric shock to restore a stable heart rhythm to an

individual in cardiac arrest.

"CPR."  Cardiopulmonary resuscitation, an approved lifesaving

technique which involves stimulation of the lungs and heart of a

victim of cardiac or pulmonary distress.

"Emergency services."  Services, including firefighting, law

enforcement, ambulance and medical services, provided for the

protection or preservation of persons or property in

circumstances of immediate and significant threat of injury or

harm.

"Nonstaffed hours."  Any period during which a health club

provides health club services without an employee on the

premises.

"Panic button."  A wall-mounted device that, when

intentionally activated by a person, sends an electronic signal

informing a public safety answering point or a remote monitoring

station that the person is in need of emergency services.

"Personal security device."  A device that is designed to be

worn around the neck of a person and when intentionally

activated by the person, sends an electronic signal informing a

public safety answering point or a remote monitoring station

that the person is in need of emergency services.

"Public safety answering point."  A public safety answering

point as defined in section 2 of the act of July 9, 1990

(P.L.340, No.78), known as the Public Safety Emergency Telephone

Act.

"Remote monitoring station."  A location staffed 24 hours a

day, seven days a week by trained personnel who contact a public

safety answering point or emergency services responders.

Section 2.  This act shall take effect in 60 days.